Apple, Motorola argue for reopening of dismissed patent suit

Apple and Motorola were back in court again on Wednesday, arguing before the U.S Court of Appeals for the Federal Circuit as to whether the two company's patent dispute should be reopened again for retrial.

image via TechnoBuffalo

As Reutersreports, Wednesday's court action stems from the two firms' 2010 decision to take each other to court, each alleging patent infringement on the part of the other. The suits were eventually dismissed by U.S. District Judge Richard Posner, who found that neither party had the evidence necessary to prove its case.

Apple had maintained that Motorola's devices ? as Apple charges with many Android-powered devices ? copied a number of Apple's patented features from its iOS platform. Countering, Motorola claimed that Apple's iPhone infringed a standards-essential patent, a type of patent deemed necessary to the regular function of a piece of technology.

It is Motorola that has been pushing for the case to be reopened in the time since. The now Google-owned mobile phone maker contends that Apple has been an unwilling licensee ? or has refused to negotiate seriously on licensing fees ? for the standards-essential patent Motorola holds. Apple has denied Motorola's accusations, claiming instead that Motorola is asking Apple to pay 12 times its previous rate to license the technology

The three-judge panel hearing the case on Wednesday reportedly peppered attorneys for both sides with questions on the degree of cooperation between the two parties in settling their licensing disagreement. The two sides also debated the use of expert witnesses in any possible new trial. In the last trial, Judge Posner dismissed expert witnesses for both Apple and Motorola.

For Motorola, a new trial could be the ailing phone maker's best shot at regaining footing in the worldwide patent battles among tech giants. Motorola recently suffered a sizable setback in its patent litigation efforts, with a federal judge ruling it must pay Microsoft $14.5 million in damages.

In that defeat, as in the current stalemate with Apple, Motorola was arguing for higher licensing fees over a standards-essential patent. The court found that Motorola had not been fair, reasonable, and non-discriminatory (FRAND) in its licensing negotiations with Microsoft. The FRAND standard has become an essential tool in preventing anti-competitive actions by SEP holders in a number of industries.

The loss was a blow against Motorola, especially in terms of perception. Observers noted at the time that the verdict made Google-owned Motorola "a convicted patent troll." Spokespersons for Microsoft largely concurred in their remarks following the trial.

"This is a landmark win for all who want products that are more affordable and work well together," a Microsoft spokesperson said. "The jury's verdict is the latest in a growing list of decisions by regulators and courts telling Google to stop abusing patents."

Also for those that think Mueller is bias he includes the actual letter that google sent the european union endorsing all of motorola's actions including the extortionist rate for 1 frand patent of 2.25% of the end cost of all complete iProducts and Macs.

This was initiated back in 2010, so Google inherited this case, and are just following it through.

Quote:

Originally Posted by Gatorguy

He knows that. I just have a follower interested in what I have to say.

Yes, I realize that the two of you have to do what your masters tell you to do, but that's irrelevant. The case is closed. Done. Finished. Dead.

Motorola is asking for it to be re-opened -which is legally the equivalent of opening an entirely new case.

Quote:

Originally Posted by Mechanic

I know your being sarcastic but Google after buying Motorola put out a letter saying they endorsed Motorola's actions 100% and would pursue there FRAND extortion without any changes. Read: http://www.fosspatents.com/2012/02/google-letter-to-standards-bodies.html
Also for those that think Mueller is bias he includes the actual letter that google sent the european union endorsing all of motorola's actions including the extortionist rate for 1 frand patent of 2.25% of the end cost of all complete iProducts and Macs.

Please don't confuse the Google shills with the facts.

"I'm way over my head when it comes to technical issues like this"Gatorguy 5/31/13

Yes, I realize that the two of you have to do what your masters tell you to do, but that's irrelevant. The case is closed. Done. Finished. Dead.

Motorola is asking for it to be re-opened -which is legally the equivalent of opening an entirely new case.

JR, this story is referring to Apple and Motorola appeals of different parts of the Posner ruling to the US Court of Appeals.

I've no idea where you're coming up with the idea this is starting something unusual and therfore different than any other appeal of an unfavorable ruling. It's a typical appeal and nothing new about it. If you're having an issue understanding just what this is about and don't believe me Mueller posted an explanation sometime back. It's even in the first paragraph so not much reading or time required.http://www.fosspatents.com/2012/07/apple-and-google-subsidiary-motorola.html

In all honesty I'd just as soon that both appeals be denied and put an end to the whole case.Edited by Gatorguy - 9/11/13 at 7:10pm

Not sure if you all know this, but Apple has not paid a single dime to Motorola for the patents it is using, the dispute is not over whether Apple is in fact using those patent it just over what to pay. As we all know, Apple developed the iphone undercover and never let anyone know what they were doing. I would not have surprised me if they had set up some fake company to talk to suppliers like Qualcom so they did not know it was in fact Apple making a phone until the last minute.

Because Apple was doing this under the cloak of secrecy they obviously did not reach out to any of the patent holders and told them what they were doing and sign up for the licenses ahead of time, which is the usually way thing as done. The plan was obviously to intro the product then wait and see what happens. As soon as everyone realize the iphone was a success they came after Apple to sue them for the FRAND license. Motorola is the only one they have not settled with I believe at this point.

This is the reason Motorola is still going after Apple, they have not been paid anything, Motorola is out $M of dollars, however they would like it to be $100M of dollars and apple is just refusing to pay a dime until they get the same deal as everyone else got.